Hebert v. Handy, 72 A. 1102 (1909)

Citation: Hebert v. Handy, 72 A. 1102 (1909)
Parent Document: Hebert v. Handy, 72 A. 1102 (1909)
Jurisdiction: Rhode Island (state)
Effective Date: 1909-06-11
Original Source: https://www.courtlistener.com/opinion/4111606/hebert-v-handy/ ↗

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“Sec. 985, Any creditor holding a contingent claim, the right of action on which did not accrue during said period of two years, who shall bring his action within one year after his right of action accrues, and any creditor who from accident, mistake, or unforeseen cause has failed to file his claim within one year after the said first publication of notice, who shall bring his action not later than three years after said first publication, may recover such claim against the heirs and next of kin of the. deceased, or against the devisees and legatees under his will, .each one of whom shall be liable to the creditor to an amount .not exceeding the value of^real or personal estate that he has ■received from the deceased. But if by the will of the deceased ■any part of his estate, or any one or more of the devisees or legatees, is made exclusively liable for the claim in exoneration of the residue of the estate or of other devisees or legatees, such provisions of the will shall be complied with and the persons and estates so exempted shall be liable for only so much of the claim as cannot be recovered from those who are first chargeable therewith.

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